High court strikes down federal marriage provision

Gay rights advocate Vin Testa waves a rainbow flag in front of the Supreme Court at sun up in Washington, Wednesday, June 26, 2013.

WASHINGTON -

The Supreme Court has cleared the way for same-sex marriage in California by holding that defenders of California's gay marriage ban did not have the right to appeal lower court rulings striking down the ban.

The court's 5-4 vote Wednesday leaves in place the initial trial court declaration that the ban is unconstitutional. California officials probably will rely on that ruling to allow the resumption of same-sex unions in about a month's time.

The high court itself said nothing about the validity of gay marriage bans in California and roughly three dozen other states.

Under DOMA, which was signed into law by President Bill Clinton in 1996, only heterosexual married couples were entitled to federal marriage benefits. That covers more than 1,100 provisions, including federal tax benefits, Social Security benefits, bankruptcy benefits, family medical leave protections and -- the main issue in this case -- inheritance rights.

DOMA was challenged by New York resident Edith Windsor, who legally married her longtime partner, Thea Spyer, in Canada in 2007. When Spyer died in 2009 and left Windsor her estate, the IRS demanded Windsor pay more than $350,000 in estate taxes because the federal government didn’t recognize their marriage. Had Windsor been married to a man, she wouldn’t have had to pay those taxes.

Since DOMA became law in 1996, 12 states and the District of Columbia have legalized same-sex marriage. But under DOMA, even if a couple was considered legally married in their home state, they could not receive federal marriage benefits.

Copyright 2013 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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